November 2012

Patients’ legal rights are constantly under attack in the state as well as federal level. For example, in Michigan when a resident is hurt by an unsafe drug or a medical device that was approved by the FDA, state law prohibits filing a lawsuit against the manufacturer. As if this doesn’t inhibit access to justice enough, the state legislature is trying to further restrict patients’ rights.

We only need to look at the meningitis outbreak to see why bad actors must be held responsible for the injuries they cause. Marjorie Norwood of Tennessee is among the many victims. She is battling meningitis from a tainted steroid shot. Her daughter Melanie shared her mother’s tragic story.

“While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.” Justice John Paul Stevens on Citizens United v. FEC.

This week, the American Legislative Exchange Council (ALEC) is holding its annual States and Nation Policy Summit in D.C. ALEC’s Civil Justice Task Force will meet to discuss new ideas on how to limit your right to access the courts. ALEC is among the top corporate front groups pushing the tort “reform” movement, especially at the state level. Below is an excerpt from an article in the upcoming December issue of Trial, the flagship magazine of the American Association for Justice (AAJ).

If there is some “defensive medicine” going on, it is no more unnecessary than is defensive driving. It is done to protect people. Doctors order tests because they do not want to risk their patients’ health. They order tests because they want additional confirmation of a diagnosis before ordering costly, potentially dangerous treatment. They also may want to satisfy their patients’ desire for more certainty.

The Consumer Product Safety Commission (CPSC) recalls millions of toys every year but is stretched too thin to guard against all dangers. In the face of such risks, parents have come to rely on consumer groups for warnings and the civil justice system as an enforcement mechanism against negligent corporations. Here are the ten most dangerous toys of all time: